Arizona Application Forms laws & HR compliance analysis

Arizona Application Forms: What you need to know

The Arizona Civil Rights Act prohibits employment practices that limit, segregate, or classify applicants for employment on the basis of race, color, religion, sex, age (40 and older), disability, national origin, or genetic test result, but does not specifically address the issue of application forms (AZ Rev. Stat. Sec. 41-1461 et seq.). Although there are no specific prohibitions about asking for such information on an application form, an inquiry about a protected characteristic may be interpreted as an attempt by the employer to unlawfully discriminate against an applicant. Employers are permitted to ask applicants about their religion, sex, national origin, or age, if the characteristic is related to a bona fide occupational qualification (BFOQ).
Employers are prohibited from asking if a job applicant has a disability or from inquiring about the nature or severity of a disability. Employers are permitted, however, to make preemployment inquiries into the ability of an applicant to perform job-related functions (AZ Rev. Stat. Sec. 41-1466).
It is also unlawful for an employer to:
• Participate in any contractual or other arrangement that has the effect of discriminating against a qualified individual with a disability.
• Fail to reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability, unless the accommodation would impose an undue hardship on the employer.
• Deny employment opportunities to a job applicant who is otherwise qualified if the denial is based on the need to make a reasonable accommodation to the applicant's disability.
• Use qualification standards, employment tests, or other selection criteria that screen out or tend to ...

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